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Getty Images Letter Forum / Re: Looking for more info on actual and expected results from defense letter program
« on: June 06, 2012, 06:22:55 PM »I hired Oscar & my case was solved within days! He is
worth every cent he is asking & a lot more.
EVNL, on your case, were you made aware that the web designer who created your site was responsible and liable (to you directly, not the agency/photographer) for their actions? Maybe the web designer was unresponsive, but any settlement should have been put squarely on their shoulders.
I was self taught, I built the website & own it alone. This is not an excuse for my guilt but my actions were that of an innocent infringer. It is still an embarrassment that I did not know better I nevertheless do not believe I deserved the fear & kind of threats I suffered through as a result. Even so, I was told by Brandon Sand that he would go after my husband if need be even though he has nothing to do with its creation or ownership...In case you haven't read about my story...here is a copy & paste of it from an earlier post.
Battling over the $10,000 you wanted in court, I could have dealt with myself but the threat of 5 years behind bars, I could not. It was the JAIL time that made me lose it until I became so upset, that I decided to fight back & found ELI. No one should be treated to such a threat over one image that is found on 1 of several free wallpaper sites. I'm sorry if this exposure has caused you hardship but what happened cannot be changed & the story needed telling. Here it is again if you haven't already read it.
Quote from: Glen Carner on May 29, 2012, 08:53:09 PM
Matt is correct on all points. Lynne has been instructed to be understanding, professional, and empathetic in her communications. Her email clearly shows this and I am pleased you recognize that CSI is using a different approach to resolve the unlicensed use of the artist's images without any mention of penalties or copyright law that typically is included in an attorney's C & D letter.
I recognize that receiving a C & D letter from an attorney who spells out the penalties of copyright infringement can be shocking. Unfortunately, no other method has shown to be effective in dealing with companies that are using a photographer's images for products and services without paying for it except for legal recourse.
CSI is moving towards ELI's goal of reducing the shock and stress resulting from the recovery process on behalf of the photographers and agencies we serve. This may be naive, but hopefully it's successful and amicable resolutions can be worked out without the distress that resulted in the creation of these forums in the first place.
I look forward to representing CSI on these forums.
I have been following most posts regarding anything to do with Vincent k Tylor & Hawaiian Art Network ever since it became known on the ELI site. Now that Glen Carner has chosen to represent Hawaiian Art Network on ELI, I have a few comments to make. I hope I can make my point as respectfully as I possibly can.
After all that is being said concerning HAN & VKT, I wondered how this was all being processed on their end.
I was pursued for $10,000 by a lawyer (Brandon Sand) that Glen Carner & Vincent Tylor hired as a result of using one of his photos I found on a freewallpapers website. The photo was 300pixels by 225pixels & was on my website for approximately 2-3 weeks.
I was self taught in computer & internet-land & was grossly ignorant of the laws of infringement. Because of everything that has happened to me as a result of this ignorance, the settlement letter & threats I received, I am now well aware & more cautious than ever. I deleted every photo I had thought free leaving me with zero photos & a very limp website. I have since re-built it with the help & permissions of friends & family. Prior to this incident, I have never willingly or knowingly broken any laws in my life except for going over the speed limit on the odd long straight stretch...I am proud to be honest at all times, loyal, loving & respectful & most importantly being the best mother I can possibly be. I am a full time stay at home mother & loving wife.
The most important part of my existence is my son. He is number 1 in my life & always will be. I would give up anything in the world for him, make any sacrifices.
I consider myself fairly intelligent but also naive. I lack education in some areas but have compensated for that by realising there is always something to learn & the more you know the better. I made a mistake in thinking the photo I found on the free wallpapers website was okay to use. You can't imagine how stupid I felt when I started reading about copyright laws. There it was in black & white, I was guilty. It didn't matter that I did it innocently, I was still guilty. It didn't matter that I immediately deleted the photo which wasn't even on my website by the time I received the settlement letter, demanding $10,000 in one month's time. It didn't matter that I was sorry & actually felt bad for the artist this happened to. And it didn't matter that I was submerged with fear & drowning in my own pool of tears. My fear & sadness of what was to come was as fierce as the stance Brandon Stand took on being paid.
I am surprised that I am still invested in all of this since I am the kind of person who deals with issues and leaves them in the past...I move on, I have moved on...BUT! I will NEVER NEVER NEVER forget being so afraid of being sent to prison for 5 years & being taken away from my son! I was threatened to pay up $$$$$ or pay the consequences which could be up to a $250,000 fine & up to 5 years of prison! I believed this was a real threat. I didn't have the money, I had no savings & was not earning an income at the time. I was newly married to a man who had just lost his 22 year old daughter in a sudden tragic death. My husband was starting over financially, we couldn't pay even if we wanted to & no one to ask for it. My husband was angry & wanted me to fight it but all I could think about was what was going to happen to my son when I was behind bars.
To spend just one day in that state of mind was unbearable & it went on for more than 3 weeks. I love to garden, get my hands in the soil to create beauty within my surroundings. It is a place I feel whole, happy & when I tried to escape the nightmares I was facing, I broke down in front of my family. My father was there to witness it one day...I remember the look on his face when he saw me sobbing & he promised me I would never spend one day in prison. It was the first time I felt the sunshine in my heart because when love shines through in the darkest moments, it is more powerful than anything.
Going back in time to when this all began, I contacted Vincent Tylors wife in an attempt to plead with Mr. Tylor but she answered the phone. I could barely speak as I made the call during one of my crying & panic episodes. I told her that I was so scared & what would my son do with me being in jail? I told her I had no idea that what I had done was wrong. I apologised with all my heart & told her about my financial situation. She was very kind & told me that no one goes to jail & advised me to call Glen Carter who is a very understanding man & to communicate with him.
I did call Glen Carter, again in tears, he informed me to discuss it with Brandon Sand. I pleaded with Brandon Sand...many times, begged him to give me a break, doing all I could to prove I couldn't pay & didn't have the funds. I called Glen Carner a second time & received the same former response. After many calls & emails to Brandon Sand, I made one final phone call, sobbing as always, I told him how scared I was & what would happen to my son if I went to jail? He said pay the money & that will no longer be a concern. I finally asked him where the humanity was in all of this & his answer was, "the humanity in all this is to pay the money".
It was in that moment that I became angry & I found ELI & Oscar. One phone call to ELI & I was no longer the blubbering, pathetic & fearful half person I had been for over 3 weeks. They immediately relieved my deepest fears that no one in my circle could release.
This is happening to a lot of people, it isn't right even if the law says it's right when something is advertised as free, it's no wonder that so many people are making the same mistake, unknowingly.
Recently, someone even wrote about feeling suicidal over $700! These letters may be lining pockets with gold but they are also damaging people's lives, especially those who can't pay.
I write this summary of the experience I went through because even though in the end I was guilty for being ignorant of the law, I want others to know they are not alone & hopefully save them from shedding a few tears & fear filled nights awake. I am a strong person who is not scared of much & I certainly don't cry very often unless I am threatened by something like prison. The truth of the matter is that these photos found on freewallpaper sites and such are making artists, lawyers & picscout a lot of money. Whatever way/ways these images are getting out there, either by mistake or intentionally, substantial earnings are being generated by the result of people's fear, ignorance & innocent infringements. Which is worse?
...Just finished reading this latest bit...